AB 447, as introduced, Williams. Community colleges: organization of governing boards: nonvoting student members.
Existing law requires the governing board of each community college district to order the inclusion within the membership of the governing board of one or more nonvoting students, who are enrolled in a community college of the district, and chosen by students enrolled in the community colleges of the district, in accordance with procedures prescribed by the governing board. Existing law provides that a nonvoting student member shall not be included in determining the vote required to carry any measure before the board. Existing law authorizes a nonvoting student member, at the discretion of the governing board, to make and second motions, to attend closed sessions of the governing board, except as provided, to receive a specified amount of compensation, and to serve a one-year term. Existing law requires a governing board that affords a nonvoting student member any of these privileges to adopt rules and regulations regarding the exercise of those privileges.
This bill would authorize a nonvoting student member, without being subject to the discretion of the governing board, to make and second motions, to attend closed sessions, except as provided, and to serve a one-year term. This bill would provide that a nonvoting student member shall not be required to pay fees for courses in which the member is enrolled during his or her term. This bill would provide that a nonvoting student member who is eligible for a specified fee waiver shall not be required to pay fees for courses in which the member is enrolled during his or her term and shall receive a stipend in the amount of the fee waiver. This bill would authorize a nonvoting student member to cast an advisory vote but would provide that the advisory vote shall not count in determining the vote required to carry a measure before the governing board.
By requiring community college districts to record advisory votes of student members, this bill would impose a state mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 72023.5 of the Education Code is
2amended to read:
(a) (1) The governing board of each community
4college district shall order the inclusion within the membership of
5the governing board, in addition to the number of members
6otherwise prescribed, of one or more nonvoting students. These
7students shall have the right to attend each and all meetings of the
8governing board, except that student members shall not have the
9right, or be afforded the opportunity, to attendbegin delete executiveend delete sessions
10of the governing boardbegin insert specified in paragraph (2) of subdivision
11(b)end insert.
12(2) The students selected to serve on the governing
boardbegin delete,end delete shall
13be enrolled in a community college of the district and shall be
14chosen, and shall be recalled, by the students enrolled in the
15community colleges of the district in accordance with procedures
16prescribed by the governing board. A student member shall be
17required throughout the term of his or her appointment to be
P3 1enrolled in a community college of the district for at least five
2semester units, or its equivalent, and shall meet and maintain the
3minimum standards of scholarship for community college students
4prescribed by the community college district. The term of the
5student members shall be one year commencing onbegin delete June 1end deletebegin insert May
615end insert of each year.
7(3) begin insert(A)end insertbegin insert end insert The nonvoting student members appointed pursuant to
8this section shall be entitled to mileage allowance to the same
9extent as regular members, but are not entitled to the compensation
10prescribed by Sectionbegin delete 72425.end deletebegin insert
72024.end insert
11(B) A nonvoting student member shall not be required to pay
12fees for courses in which the member is enrolled during his or her
13term as a member. A nonvoting student member who is eligible
14for a fee waiver pursuant to Section 76300 shall not be required
15to pay fees for courses in which the member is enrolled during his
16or her term as a member and shall receive a stipend in the amount
17of the fee waiver. The board of governors shall not reduce
18apportionments pursuant to subdivision (d) of Section 76300 to
19any district that does not collect fees for a nonvoting student
20member.
21(4) A nonvoting student member shall be seated with the
22members of the governing board and shall be recognized as a full
23member of the board at the meetings,
including receiving all
24materials presented to the board members and participating in the
25questioning of witnesses and the discussion of issues.
26(5) A nonvoting student member shall not be included in
27determining the vote required to carry any measure before the
28boardbegin insert, but is authorized to cast an advisory vote pursuant to
29paragraph (5) of subdivision (b)end insert.
30(6) A nonvoting student member shall not be liable for any acts
31of the governing board.
32(b) Notwithstanding subdivision (a), the nonvoting student
33member or members selected to serve on the governing board of
34a community college district pursuant to subdivision (a) may do
35any of the following:
36(1) Make and second motionsbegin delete at the discretion of the governing .
37boardend delete
38(2) Attend closed sessions, other than closed sessions on
39personnel mattersbegin delete orend deletebegin insert,end insert collective bargaining matters,begin delete at the discretion begin insert or litigationend insert.
40of the governing boardend delete
P4 1(3) Receive compensation, at the discretion of the governing
2board, up to the amount prescribed by Section 72425.
3(4)
end delete
4begin insert(3)end insert Serve a term of one year commencing on May 15 of each
5begin delete year, at the discretion of the governing boardend deletebegin insert yearend insert.
6(4) Cast an advisory vote that is recorded in the minutes of the
7governing board meeting. The advisory vote shall not count in
8determining the vote required to carry a measure before the
9governing board.
10(c) It is the intent of the Legislature that any decision or action,
11including any contract entered into
pursuant thereto, upon the
12motion or second of a motion of a student member, shall be fully
13legal and enforceable against the district or any party thereto.
14(d) The governing board of each community college district
15that affords the student member or members of the board any of
16the privileges enumerated in subdivision (b) shall, by May 15 of
17each year, adopt rules and regulations implementing this section.
18These rules and regulations shall be effective until May 15 of the
19following year.
20(e)
end delete
21begin insert(d)end insert If a state court finds this section is unlawful, the court may
22order, as equitable relief, that the administering entity that is the
23subject of the lawsuit terminate any waiver awarded under this
24statute or provision, but no money damages, tuition refund or
25waiver, or other retroactive relief may be awarded. In any action
26in which the court finds this section is unlawful, the California
27Community Colleges are immune from the imposition of any award
28of money damages, tuition refund or waiver, or other retroactive
29relief.
If the Commission on State Mandates determines that
31this act contains costs mandated by the state, reimbursement to
32local agencies and school districts for those costs shall be made
33pursuant to Part 7 (commencing with Section 17500) of Division
344 of Title 2 of the Government Code.
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